EAT PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity
Although one of the circumstances complained of may have required the Employment Tribunal members to have recused themselves on grounds of ‘apparent bias’, had such an application been made, in fact, the agreement of the parties, including the Appellant, that the hearing should continue, notwithstanding the revelation of those circumstances, was effective to act as a waiver of any such ‘apparent bias’ and so the hearing of the claims by the ET, as then constituted, was lawful and effective.
Wilkie J
[2012] UKEAT 0157 – 11 – 0111
Bailii
England and Wales
Employment
Updated: 09 November 2021; Ref: scu.465544